This chapter provides definitions for terms and phrases used in this title. Where any of the definitions conflict with the definitions used in other Franklin County ordinances, the definitions in this chapter shall prevail for the purpose of this title.

(Ord. 7-2005 § 3.1.0, 2005)

For the purpose of this title, certain terms or words herein shall be interpreted or defined as follows, except where specifically defined in this chapter all words in this title shall carry the customary meanings.

A.

Words used in the present tense shall include the future.

B.

Words in the singular number include the plural number, and words in the plural number include the singular, unless the context clearly indicates otherwise.

C.

"Person" means and includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent, or other representative and all other legal entities.

D.

"Shall" is mandatory and not directory.

E.

"May" is permissive.

F.

"Use," "used," or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.

G.

"City" means any city in Franklin County.

H.

"County" means Franklin County.

I.

Unless otherwise specified, all distances shall be measured horizontally.

J.

Words not defined herein, but defined within the Uniform Building Code shall have the same meaning as defined within the Uniform Building Code.

K.

Chapter and section headings contained in this title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this title.

For the purposes of this title, certain terms or words shall be interpreted and defined as in the following sections of this chapter.

(Ord. 7-2005 § 3.2.0, 2005)

"Accessory dwelling" means a second and subordinate dwelling unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, cooking and sanitation (See Chapter 17.66, Section 17.66.050, Accessory dwelling units).

(Ord. 7-2005 § 3.3.0, 2005)

"Accessory use" means a use subordinate to the principal and/or permitted use and located on the same lot with such principal use.

(Ord. 7-2005 § 3.4.0, 2005)

"Adult entertainment" means:

A.

Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas;

B.

Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing; or

C.

Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas.

(Ord. 7-2005 § 3.5.0, 2005)

"Adult entertainment facility" means any of the following:

A.

Adult retail establishments are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than twenty (20) percent of the establishment's stock-in-trade for sale, rent, or any other form of consideration:

1.

Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2.

Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

B.

"Adult arcade" means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to, membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

C.

"Adult cabaret" means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

D.

"Other adult entertainment facility" means any commercial establishment not defined elsewhere in Franklin County ordinances where adult entertainment or sexually-oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represents more than twenty (20) percent of the businesses' stock-in-trade; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

E.

"Adult motel" means a motel, hotel or similar commercial establishment which:

1.

Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually-oriented materials;

2.

Offers a sleeping room for rent on a rental fee period of time that is less than ten (10) hours; or

3.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

F.

"Adult mini motion picture theater" means a commercial establishment with a capacity for less than fifty (50) persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

G.

"Adult motion picture theater" means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

H.

"Adult nude photography shop" means commercial establishment used for the business of allowing customers to photograph any "specified anatomical areas" of a person or persons, or for the customer to be so photographed with or without other persons.

I.

"Body paint shop" means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer's body to be painted.

(Ord. 7-2005 § 3.6.0, 2005)

"Agricultural uses (commercial)" means agricultural activities carried on as a commercial enterprise with the object of gain, benefit, or advantage, directly or indirectly.

(Ord. 7-2005 § 3.7.0, 2005)

"Agricultural use (limited)" means an agricultural operation including the construction of farm buildings and the keeping of farm animals upon the premises.

(Ord. 7-2005 § 3.8.0, 2005)

"Alley" means a dedicated narrow service way, not more than twenty (20) feet wide, providing a secondary means of public access to abutting properties.

(Ord. 7-2005 § 3.9.0, 2005)

"Alterations" means as applied to a building or structure:

A.

A change or rearrangement of the structural or nonstructural parts in the existing facilities;

B.

An enlargement or addition on a building or structure;

C.

Moving a building or structure from one location or position to another; or

D.

A change of use.

(Ord. 7-2005 § 3.10.0, 2005)

"Amusement game device" means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, and devices which use a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by state law.

(Ord. 7-2005 § 3.11.0, 2005)

"Amusement game center" means any building or portion thereof which contains more than two amusement game devices.

(Ord. 7-2005 § 3.12.0, 2005)

"Animal unit" means and includes, but is not limited to, any one of the following:

A.

One bovine animal (characteristics associated with cows or oxen);

B.

One horse;

C.

One mule/donkey;

D.

One llama;

E.

One alpaca;

F.

One camel;

G.

Two emu/ostrich;

H.

Three goats;

I.

Three sheep;

J.

Twenty (20) chickens;

K.

Twenty (20) fowl;

L.

Twenty (20) rabbits or similar animals;

M.

Swine/pig standards as described in Chapter 17.66, Use Regulations.

For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. Animals listed above includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal's appearance, behavior or pedigree. All animal units shall be in compliance with all applicable federal and/or state of Washington requirements.

(Ord. 7-2005 § 3.13.0, 2005)

"Animal unit—Exotic or wild" means and includes, but is not limited to, any one of the following: lions, tigers, wild cats, wolves, bears, apes, monkeys, raccoons, dangerous reptiles such as alligators, poisonous reptiles, or similar wild and exotic animals. All animal units, including deleterious exotic wildlife, shall be in compliance with all applicable federal and/or state of Washington requirements. Federal and/or state of Washington approval shall be obtained prior to submitting a conditional use (special permit) application to Franklin County.

(Ord. 7-2005 § 3.13.5, 2005)

"Antique" means a piece of furniture, glassware, silverware, art work or other items that are at least sixty (60) years old and are distinguished from general secondhand personal property, and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits.

(Ord. 7-2005 § 3.14.0, 2005)

"Antique dealer" means an establishment having as its primary stock-in-trade "antiques" as that term is defined in this chapter.

(Ord. 7-2005 § 3.15.0, 2005)

"Apartment house" means a building arranged, intended, or designed to be occupied by three or more families living independently of each other.

(Ord. 7-2005 § 3.16.0, 2005)

"Auto body shop" means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration.

(Ord. 7-2005 § 3.17.0, 2005)

"Auto detail shop" means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles by washing, waxing, polishing or other like means not within the definition of an "auto body shop."

(Ord. 7-2005 § 3.18.0, 2005)

"Billiard or pool halls" means an establishment wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables.

(Ord. 7-2005 § 3.19.0, 2005)

"Boat" means any type of watercraft, whether registered or unregistered, licensed or unlicensed. The term boat shall include any wheeled trailer or other device on which such boat is or may be kept, stored, or transported, whether registered or unregistered, licensed or unlicensed.

(Ord. 7-2005 § 3.20.0, 2005)

"Boardinghouse" means any dwelling with less than twenty (20) sleeping rooms in which persons, whether individually or as families, are housed or lodged and are provided meals at the dwelling. A rooming house or furnished rooming house is a boardinghouse.

(Ord. 7-2005 § 3.21.0, 2005)

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

(Ord. 7-2005 § 3.22.0, 2005)

"Accessory building" means a supplementary building, the use of which is incidental to that of the main or principal building and which is located on the same lot therewith.

(Ord. 7-2005 § 3.23.0, 2005)

"Building area" means the three-dimensional space within which a building is permitted to be built on a lot and which is defined by height regulations, yard setbacks, and building coverage.

(Ord. 7-2005 § 3.24.0, 2005)

"Detached building" means a building surrounded by open space as required herein.

(Ord. 7-2005 § 3.25.0, 2005)

"Building height" means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten (10) feet above lowest finished grade;

B.

An elevation ten (10) feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection A of this section is more than ten (10) feet above lowest finished grade.

(Ord. 7-2005 § 3.26.0, 2005)

"Camp trailer/travel trailer/fifth wheel" means a structure designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

(Ord. 7-2005 § 3.27.0, 2005)

"Camper (pickup)" means a structure designed to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for recreational use, camping or vacation use.

(Ord. 7-2005 § 3.28.0, 2005)